Legal TIPS - Milwaukee

POLICE
& COMMUNITY

TIPSENGAGEMENT
TOOLS FOR INTERACTING
WITH POLICE SAFELY

IN PARTNERSHIP WITH THE MILWAUKEE BUCKS
AND THE MILWAUKEE POLICE DEPARTMENT
OFFICE OF COMMUNITY OUTREACH & EDUCATION

Table of Contents
& Introduction

With the support of the Milwaukee Courier, we are
proud to present this booklet, Police and Community
Engagement TIPS (Tools for Interacting with Police
Safely). The Milwaukee Police Department envisions a
Milwaukee where all can live safely and without fear,
protected by a police department with the highest
ethical and professional standards. Our mission is to
work in partnership with the community to create and
maintain neighborhoods capable of sustaining civic
life. We commit to reducing the levels of crime, fear,
and disorder through community-based,
problem-oriented, and data-driven policing. We are
presenting this booklet to provide the citizens of
Milwaukee a guide to understanding their rights
during common encounters with law enforcement,
while also providing insight from the Milwaukee
Police Department as to what our protocol is and
what our duty is to the public during such encounters.

DISCLAIMER

The information contained in this booklet, including the
Additional TIPS, is general information for the public and should
not be construed as legal advice to be applied to any speci c
factual situation. You should consult your attorney to obtain
advice with respect to any particular issue or problem.

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CONTENTS

04 A Message from Chief Flynn
06 What behavior to expect when interacting with

an officer

07 Being stopped on the street by an officer
08 How are offivers trained to make vehicle stops?
09 What if I am in a vehicle that gets pulled over?
10 How are officers trained when making contact with

citizens at a private residence?

11 How should I respond if a police officer shows up at

my house?

12 The Complaint Process
14 Police Academy Graduate Profile
15 Citizen Academy Information
18 Glossary of Terms

3

A Statement from

CHFIELYFNN

4

To the community, I promise an open, accountable,
accessible police department responsive to your
concerns. It is my hope that, someday, support for the
department will be uniformly strong across every
neighborhood and from every sector of society. I hope
someday that all of our communities will be willing to
suspend judgment when there is a critical incident until all
the facts are in. But I recognize that we are not there yet.
This police department and all its communities have a
history and that history has not always been positive. We
will work to learn from that history and not be held
hostage to it. We will work to earn your trust. Reducing
crime, fear, and disorder in your neighborhood while
treating you with dignity and respect will be our down
payment on earning that trust.
What I expect in return is for every neighborhood to
understand that public safety is not a spectator sport.
Safe neighborhoods are the result of people and their
police working together to create communities capable of
sustaining civic life. We have a mutual obligation to do
our respective parts. The Milwaukee Police Department
will use every tool at its disposal to create safe places. But
you must do your part.

Edward A. Flynn, Chief of Police

Milwaukee Police Department

SPONSORED BY:

5

CITIZEWNHSATEXSHPOEUCLDT
IN TERMS OF OFFICER BEHAVIOR & PERFORMANCE
IN REGARDS TO CONTACT IN PUBLIC?

THE CORE VALUES OF THE MILWAUKEE
POLICE DEPARTMENT ARE:

Competence - We are prudent stewards of the public’s grant of authority
and resources. We are accountable for the quality of our performance
and the standards of our conduct. We are exemplary leaders and
exemplary followers.
Courage - We place the safety of others before our own and accept our
moral responsibility to take action against injustice and wrongdoing.
Police members are expected to take prudent risks on behalf of the
public.
Integrity - We recognize the complexity of police work and exercise
discretion in ways that are beyond reproach and worthy of public trust.
Honesty and truthfulness are fundamental elements of integrity. It is our
duty to earn public trust through consistent words and actions. We are
honest in word and deed.
Leadership - We seek to in uence human behavior to achieve
organizational goals that serve the public while developing individuals,
teams, and the organization for future service. We accept our
responsibility to be leaders, both within the community and among our
peers, and for the actions of our colleagues and ourselves. We are all
responsible for the performance, reputation, and morale of the
department.
Respect - We hold life in the highest regard. We treat all citizens and
colleagues with dignity and respect, and are fair and impartial as we
perform our duties.
Restraint - We use the minimum force and authority necessary to
accomplish a proper police purpose. We demonstrate self-discipline,
even when no one is listening or watching.

6

HOW SHOULD I RESPOND IF I AM
STOPPED ON THE STREET BY AN OFFICER?

ADDITIONALTIPS:

Be mindful of the of cer, stay calm, and be courteous.

Keep your hands where the of cer can see them.
Follow the of cer’s instructions.

When asked you should provide your name and address.
7

HOOFWFAICREERS

TRAINED

TO MAKE
VEHICLE STOPS?

City of Milwaukee
Police Department
police of cers are trained,
when they initiate a traf c
stop, to approach the vehicle if
practical, introduce themselves and explain the reason for the
stop. Each stop will be different based on the circumstances of
the stop. Of cers will gather information from the driver
including their identi cation as well as occupant information if
appropriate to do so. Of cers will then go back to their patrol
vehicle and conduct inquiries to determine whether the driver
has a valid driver license, as well as complete any necessary
paperwork, such as citations or written warnings.
8

explain any paperwork, answer any questions, and

IMPORTANT

Citizens should be aware that
upon the start of a traffic
stop the driver and all

passengers are not free to
leave and are detained until

the conclusion of the stop.

WHAT IF I AM IN A VEHICLE THAT GETS

PAUDLLEDD OITVEIRO? NALTIPS:

The driver and/or the passenger ARE required to step out of your vehicle if

whether or not the vehicle is searched.
Police may search any place in a vehicle that is reasonable to believe the
object of the search might be located if the search is based on probable
cause. This includes searching any locked, closed, or open container.

9

HOW ARE OFFICERS TRAINED WHEN
MAKING CONTACT WITH CITIZENS AT A

PRIVATE RESIDENCE?

The City of Milwaukee Police Department receives hundreds of
thousands of calls for service every year for a variety of reasons.
Each call type has a different response from of cers. Of cers are
trained to respond to a call for service and introduce themselves.
They will try to obtain as much information as they can to help the
citizen in need or to solve a crime they are investigating. They may
interview citizens to determine if they are witnesses to a crime or
suspicious activity, or to determine if they have information relating
to their assignment. Of cers will conclude their contact
professionally, making sure they have met the needs of the
citizen(s) they are serving.

10

HOW SHOULD I
RESPOND IF A
POLICE OFFICER

MSHOYWSHUPOATUSE?

ADDITIONALTIPS:

An of cer may enter your house if they have your consent or a valid
search warrant. They may also enter as otherwise authorized by law
including judicially recognized exceptions to the warrant
requirement.
In order for a warrant to be valid, a search warrant must be in
writing and signed by the issuing judge, it must be directed to a
law enforcement of cer, it must command that a particularly
speci ed place or person be searched, it must particularly describe
the subject matter of the search, it must be dated, and it must be
based upon a sworn complaint or af davit showing probable cause.

AN OFFICER MAY TAKE ITEMS FROM THE HOME THAT ARE NOT
LISTED IN THE SEARCH WARRANT UNDER CIRCUMSTANCES
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

The items are evidence of a crime.
The items are discovered in the course of a lawful search.
The items are in “plain view” within the designated areas listed
in the search warrant.
There are standards that apply to this action
(Plain View Doctrine).

11

WHAT IS A COMPLAINT

A complaint is a belief that a member of the Milwaukee Police
Department has violated a department rule or procedure, a
federal or state law, an ordinance of the city of Milwaukee, or
dissatisfaction with a policy or procedure of the Milwaukee
Police Department.

WHO CAN FILE A COMPLAINT

representing an aggrieved or injured party. However, the
agent shall be limited to the following: An attorney, parent or
guardian of a child. A translator representing a non-English
speaking complainant agents can obtain a citizen complaint
form for the aggrieved or injured party and assist with its
district, bureau, or division. All complaint reports are

THE

CPORMOPCLAEISNST

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FILING YOUR COMPLAINT

your complaint by going to a district station or calling the
department and asking for a supervisor to meet with you. You
may also call Internal Affairs at (414) 935-7942. Complaints can
(414) 286-5000. A citizen complaint shall be documented in
writing on a citizen complaint form by either the complainant or
the supervisor receiving the complaint and once completed a
copy will be provided to the citizen. If it is more convenient for
the citizen, the citizen complaint form can be completed at a
later time, and returned to the Milwaukee Police Department. If
the citizens complaint form is to be returned by mail, it should
be sent to the following address:

MILWAUKEE POLICE DEPARTMENT
INTERNAL AFFAIRS
6680 NORTH TEUTONIA AVENUE, RM 325
MILWAUKEE, WI 53209

WHAT HAPPENS
WITH YOUR COMPLAINT

The department will conduct a thorough investigation to include interviews of
all available witnesses. Supervisors and/or detectives, under the direction of the

Internal Affairs Division, will conduct all complaint investigations. Their duty is
to gather all the facts and present these facts for review. Most investigations will

be completed within a timely matter. Complex investigations may take several
months to complete. Once the initial complaint has been thoroughly
investigated and all of the facts have been gathered, the completed
investigation will be reviewed. This review will determine if there was

compliance with department rules and procedures, federal or state laws,
ordinances of the City of Milwaukee, or the policies and procedures of the

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SPONSORED BY:

POLICE OFFICER

ANDREW FUERTE

Fuerte, 26, grew up on the northwest
side of Milwaukee, attending
Brook eld East High School and. His
interest in law enforcement began as
a Police Explorer with the Milwaukee
Police Department. He then joined
the Department as a Police Aide and
was promoted to the rank of Police
Of cer in 2013.

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CITIZEN ACADEMY

The Milwaukee Police Department's (MPD) Citizen Academy is
a program that gives the public a working knowledge and
understanding of the values, goals, and operations of MPD.

The purpose of the Citizen Academy is to inform the citizenry
as to the policies and procedures of the Milwaukee Police
Department by providing an abridged version of Police
Academy training. This program has been created with
the intent of building a positive relationship between
the MPD and the community members we serve.
Contact the Milwaukee Police Department
Office of Community Outreach and Education
for the class schedule at the telephone
number 414-935-7905. There is minimal
cost to cover the uniform shirt.

“Starting as an explorer prepared me for the role of police aide by
learning the steps of certain things and it allowed me to meet officers
from several districts. Once I became a police aide in 2010, I worked
in multiple locations. At each location I was able to learn how each
district was run and how the officers conducted themselves.”

-Andrew Fuerte

Some options for further education and involvement
include joining the police force to serve your
community, or taking informational classes through
Milwaukee Police Department’s Citizen Academy. 15

AYOcaUdeTmHy

The Milwaukee Police Department's
(MPD) Youth Academy is a program that
gives the youth a working knowledge
and understanding of the values, goals,
and operations of MPD. The purpose of
the Youth Academy is to provide the
youth a better understanding of how and
why police of cers perform their duties.
This program has been created with the
intent of building a positive relationship
between the MPD and the community
members we serve.

CONTACT THE MILWAUKEE
POLICE DEPARTMENT OFFICE OF

COMMUNITY OUTREACH AND
EDUCATION FOR THE CLASS
SCHEDULE AT THE TELEPHONE

NUMBER

414-935-7905

16

“I GAINED A NEW UNDERSTANDING
AND INSIDE LOOK OF THE MPD AND
CALMED MY FEARS, AND CREATED A

NEW UNDERSTANDING OF MPD.”
“THE ACADEMY TAUGHT ME A BIT OF

GREAT INFORMATION THAT THE
PUBLIC NEEDS TO KNOW.”

“WHAT I LEARNED, I WILL TAKE BACK
TO THE COMMUNITY.”

Acad-eRmyecGentraCdiutiazteens

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GLOSSARY MIRANDA RIGHTS: Miranda
Rights (Constitutional Rights)
OF TERMS must be given prior to
custodial interrogation. Two
ARREST: The detaining of a factors must be present
person by word or action into before an of cer is required
custody so as to subject his to provide the miranda rights
liberty to the actual control and to a person. A person must
will of the person making the be in custody and also must
arrest….There must exist the be about to be questioned
intent to take a person into regarding a crime. If those
custody, and a corresponding two factors exist then an
understanding by the person of cer must provide the
arrested that he is in “custody,” following rights before
although no formal declaration questioning a person about a
of arrest is required. Arrest crime: You have the right to
also implies not only custody, remain silent. Anything you
but also the aim of bringing say can and will be used
the person arrested into the against you in a court of law.
judicial process to answer for You have the right to consult
an offense. with a lawyer before
DETAIN(ED): Detention occurs questioning and to have a
whenever a police of cer lawyer present with you
accosts an individual and during questioning. If you
restrains his or her freedom to cannot afford to hire a lawyer,
walk away, or approaches and one will be appointed to
questions an individual, or represent you at public
stops an individual suspected expense before or during any
of being personally involved in questioning if you so wish. If
criminal activity. Such a you decide to answer
detention is not a formal arrest. questions now without a
lawyer present, you have the
right to stop the questioning
and remain silent at any time
you wish, and the right to ask
for and have a lawyer at
anytime you wish, including
during the questioning.

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WAIVER / INVOCATION: REASONABLE SUSPICION:
After providing the Reasonable suspicion is the legal
aforementioned rights and it is standard by which a police
established that you understand of cer has the right to brie y
them you may choose to answer detain a suspect for investigatory
questions or make a statement purposes. Reasonable suspicion
by waiving your rights or you is less than probable cause, but
may choose to invoke your is more than a hunch and is
rights and remain silent. based on the totality of the
circumstances. It must include
REASONABLE AMOUNT speci c and articulable facts that
OF TIME: A standard for what is lead the police of cer to
fair and appropriate under usual reasonably suspect that a person
and ordinary circumstances; that is committing, has committed, or
which is according to reason; is about to commit a crime..
the way a rational and just
person would have acted. REASONABLE FEAR:
SEARCH WARRANT: A search Reasonable Fear is the legal
warrant warrant may be issued standard that must be met
by judge to authorize the search during a stop that was made by
a speci c person as well as a way of reasonable suspicion that
place or object. allows the frisk the outside of a
person’s clothing for weapons.
Reasonable fear exists when the
of cer reasonably suspects that
he, she, or another is in danger
of physical injury from the
person who has been stopped.

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PROBABLE CAUSE

PROBABLE CAUSE IS THAT QUANTUM OF
EVIDENCE WHICH WOULD LEAD A REASONABLE
POLICE OFFICER TO BELIEVE THAT SOMEONE HAS
COMMITTED A CRIME. IT IS MORE THAN A HUNCH
OR SUSPICION, BUT LESS THAN EVIDENCE
REQUIRED TO CONVICT AT TRIAL.

PLAIN VIEW

A DOCTRINE THAT PERMITS THE SEARCH, SEIZURE,
AND USE OF EVIDENCE OBTAINED WITHOUT A
SEARCH WARRANT WHEN SUCH EVIDENCE WAS
PLAINLY PERCEPTIBLE IN THE COURSE OF LAWFUL
PROCEDURE AND THE POLICE HAD PROBABLE
CAUSE TO BELIEVE IT WAS INCRIMINATING SEE
ALSO INADVERTENT DISCOVERY COMPARE FRUIT
OF THE POISONOUS TREE.

NOTE: Some information in this booklet
has been obtained from the Wisconsin
Department of Justice Criminal Law
Handbook for Wisconsin Law Enforcement
and the State of Wisconsin Department of
Justice Constitutional Rights Card.

20

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21

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23

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